5 amazing facts about UK employment law

1. Did you know that the right to a statutory maternity payment is so enshrined within UK employment law that it is even payable where the employee is dismissed for gross misconduct?

Once the eligibility criteria for statutory maternity pay is met the employee is entitled to receive it for up to 39 weeks. This is even if the employee is made redundant, leaves the job, is dismissed for gross misconduct or if a fixed term contract comes to an end at any time after the 15^th week before the baby is due.

2. Statutory sick pay is payable for up to 28 weeks. However, did you know that if an employee comes back to work for 8 full weeks having been off sick for 28 weeks then he/she would be entitled to a renewed 28 weeks?  

3. Most employers know that there is a right for employees to be accompanied at disciplinaries and grievances by a Trade Union representative or colleague. However, if the employee needs to reasonably delay the meeting in order to assert that right then the employer must apply a statutory delay of up to 5 working days.

4. Employees on maternity leave and adoption leave are entitled to work up to 10 keeping in touch days without their maternity leave being brought to an end or their statutory pay affected. It would only be in exceptional circumstances, however, strictly speaking there is no obligation on an employer to accept any request.

5. The Working Time Regulations 1998 apply a 48 hour working week limit. However did you know that any breach is calculated over a 17 week reference period? Therefore an employee could in fact work over 48 hours a week (even without an opt out agreement) so long as this was not worked consistently.

The legal bit: All the above ‘facts’ should be considered in the context in which they appear. Employment law is a minefield and the slightest change in circumstances could impact any of the above rules. If you want further advice, support, help or clarification please feel free to contact our amazing employment team (Fact!) on York 01904 716000, Wetherby 01937 583210 or Malton 01653 692247.

Thank you for reading! We hope you enjoyed this legal loophole mind bender!